Below also see: Harvey v. Harvey, 1919 – Divorce
[Unfortunately no newspaper reports of the 20 Nov 1916 Newtown Police Court trial could be located.]
Herbert George Harvey, Gaol photo sheet 1
![SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15372, p. –.](../../images/trials/1916-Harvey-6094-gaol-photo-15372.jpg "SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15372, p. –.") |
Gaol Photo Sheet - Transcribed Details
No. 15372
Date when Portrait was taken: 21-11-1916
Name: Herbert George Harvey
|
Native place: Sydney Year of birth: 21-12-1884 Arrived Ship: Trade or occupation Religion: C of E Education, degree of: R&W Height: 5' 9" Weight On committal: 153 Colour of hair: Brown Colour of eyes: Blue |
Marks or special features: Scar in hollow between eyes. |
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(No. of previous Portrait ... ) CONVICTIONS |
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|
Where and When |
Offence. |
Sentence |
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Newtown PC |
20 |
11 |
1916 |
Expose person (2 charges) |
6 months HL on each charge. |
Harvey v. Harvey, 1919
Harvey v. Harvey divorce papers 1919 2
1
“A”
“Lowrie”
MacArthur Parade Dulwich Hill
2nd August 1919
Dear Saidee Saidie
It is years since I have had the privilige the prixxxx privilege of seeing you and during that time I have never heard from you. The years roll on, and we Husband and Wife are apart, and our child is growing up Hector is at an age, when he will wonder why we are apart. For that reason xxxifx For the sake of our child, if not for mine, I ask that you consider the proposal which I am asking in this letter. Let the past bury its dead, and let any feeling of xxxxxxxxxxxxxxxxx indifference (if such exists) be at an end, when you reflect that it is in your power to make our lives happier, xxxx I therefore ask you to come and live with me as my wife, and would like to receive a reply to this letter, within a week from the date on which you receive it.
Your Affectionate Husband
(Signed) Bert
Mn: This is the copy letter marked “A” referred to in the annexed affidavit of Herbert George Harvey sworn on this tenth day of September 1919 at Sydney before me
[Signed] G Shenenson JP
2
“B”
“Waratah”
Forest Road
Hurstville
August 18th
Bert,
I received your letter Friday evening.
I would prefer to discuss that matter personally with you, so if it will be convenient for you, I will see you at the Central Railway Station next Saturday evening say about 7.30 pm near the Ladies Waiting Room.
Sincerely yours
Sadie
Mn: This is the reply marked “B” referred to in the annexed affidavit of Herbert George Harvey sworn on this tenth day of September 1919 at Sydney before me
[Signed] G Shenenson JP
3
“C”
“Lowrie”
MacArthur Parade
Dulwich Hill
19 August 1919
Sadie,
Yours of the 18th to hand.
There is nothing to discuss, all that is neccessary [sic] is, answer yes, or no. Better still bring your clothes to the above address which is my home, the home which has been ready for you for the past thirteen years.
Yours Sincerely,
Bert.
Kindly reply by return post.
Mn: This is the copy letter marked “C” referred to in the annexed affidavit of Herbert George Harvey sworn on this tenth day of September 1919 at Sydney before me
[Signed] G Shenenson JP
4a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
|
HARVEY v. HARVEY |
PETITION |
No. 866 of 1919.
Robert W Fraser.
4b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
To the Honourable Alexander Gordon, Judge of
the Matrimonial Causes Court.
In re HERBERT GEORGE HARVEY of “Lowrie”
MacArthur Parade, Dulwich Hill, Engine Fitter,
and in re his wife, SARAH HARVEY
of “Waratah”, Forest Road, Hurstville.
The Tenth day of September 1919
The Petition of Herbert George Harvey
-----SHEWETH-----
1. That your Petitioner was on the 31st of July, 1905, married to the Respondent, then Sarah Rowan, at the Manse, George Street, Redfern, in the State of New South Wales, according to the rites of the Congregational Church.
2. There is issue:– Hector, born on the 9th of February, 1906.
3. Your Petitioner is a native of the Glebe (near Sydney) in the State said State and is resident and domiciled in the said State.
4. The Respondent is a native of Waterloo in the said State.
5. The Respondent has since the 31st of July, 1905, withdrawn from co-habitation with your Petitioner and has kept and continued away from him without any just cause whatsoever, and from thence hitherto without any such cause has refused and still refuses to render to him conjugal rights.
YOUR PETITIONER THEREFORE HUMBLY PRAYS
1. That your Honor will be pleased to decree that the Respondent return home to your Petitioner and render to him conjugal rights.
2. And that your Petitioner may have such further or other relief granted to him as your Honor may seem meet.
[Signed] Herbert George Harvey.
NOTE:- - - This Petition is filed by Robert William Fraser of Post Office Chambers, 114a Pitt Street, Sydney, in the State of New South Wales, Solicitor for the Petitioner.
5a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
Affidavit of |
Sworn 10th September 1919.
Robert W Fraser.
5b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this tenth day of September in the year one thousand nine hundred and nineteen, HERBERT GEORGE HARVEY of “Lowrie”, Macarthur Parade, Dulwich Hill, in the State of New South Wales, Engine-fitter, being duly sworn makes oath and says as follows:–
1. I, the Petitioner, was on the 31st of July, 1905, married to the Respondent, then Sarah Rowan, at the Manse, George Street, Redfern, in the State of New South Wales, according to the rites of the Congregational Church.
2. There is issue:– Hector (born on the 9th of February, 1906).
3. I am a native of the Glebe, near Sydney, in the said State, and am resident and domiciled in the said State.
4. I believe:– that the Respondent is a native of Waterloo in the said State.
5. The Respondent has since the 31st of July, 1905, withdrawn from co-habitation with me and has kept and continued away from me without any just cause whatsoever and from thence hitherto without any such cause has refused and still refuses to render to me conjugal rights.
6. On the 12th of August, 1919, I handed to the Police at Redfern Police Station (where I pay the money due under the maintenance order for the support of our child) a letter (copy of which is hereto annexed marked “A”) in an envelope addressed to the Respondent.
7. To the said letter I received the reply hereto annexed marked “B”.
8. I then wrote a letter (copy of which is hereto annexed marked “C”) to the Respondent, enclosed the same in an envelope and addressed “Mrs Harvey, PO “Waratah”, Forest Road, Hurstville,”
[Signed] Herbert George Harvey
[Signed] G Shenenson JP
~ ~ ~ ~ ~
and posted it at Dulwich Hill Post Office with postage prepaid.
9. At the time appointed in the Respondent’s said letter I met her at the Central Railway Station and she then told me that she would never return to me and that nothing on earth would ever persuade her to do so. I then asked her to re-consider the matter to which she rejoined that she had been considering it for fourteen years and that she would have obtained a Di divorce against me if it had been in her power. I asked her could I see the child and she said that I could do so at any time.
10. The Respondent has not since the 17th of August, 1919, returned to me nor in any way rendered to me conjugal rights.
[Signed] Herbert George Harvey
Sworn by the Deponent on the day first abovementioned at Sydney, before me
[Signed] G Shenenson JP
10.9.19
6a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
Affidavit of |
Sworn 14th September 1919.
Robert W Fraser.
6b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GE ORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this nineteenth day of September in the year one thousand nine hundred and nineteen, JOHN HAMILTON of 43 Annandale Street, Annandale, in the State of New South Wales, Retired Police Constable, being duly sworn makes oath and says as follows:–
1. On Wednesday, the 17th September, 1919, on the premises of the residence of her sister, Mrs McEwen, Forest Road Hur Rockdale, in the State of New South Wales, I duly served the abovenamed Respondent, Sarah Harvey, with the Petition and Citation in the above suit by handing to the said Respondent personally a copy Petition certified thereon by FC Baylis, the Acting Chief Clerk of the Matrimonial Causes Jurisdiction of the Supreme Court of New South Wales in the office of the Registrar to be a true copy of the Petition filed in the above suit sealed on each page with the impress seal of the Court and having endorsed in the fold thereof directed to the said Respondent a Citation under the seal of the Court signed at the foot thereof by the said Acting Chief Clerk “For the Registrar” which Citation commanded the Respondent to cause an appearance to be entered for her within fourteen days after service on her.
2. There was endorsed at the foot thereof (of the copy Petition) the words “Note:—This Petition is filed by Robert William Fraser of Post Office Chambers 114a Pitt Street, Sydney, in the State of New South Wales, Solicitor for the Petitioner.”
3. The woman so served admitted that she was the Respondent.
4. Just previous to service, I knocked at the door of the said residence and a woman opened the door and told me that she was
[Signed] J Hamilton
[Signed] AB Kelshaw JP
~ ~ ~ ~ ~
Mrs McEwen. I asked her if Mrs Harvey lived there and she said “Yes”. I then said “I want to see Mrs Harvey”, and she answered “She will be here in a moment”.
5. Shortly afterwards another woman came to the door. I said “Are you Mrs Harvey?” She said “Yes”. I said “I have a paper that relates to your husband to be served on you.” She said “It is in the hands of my Solicitor, you can give it to him.” I said “I have instructions to give it to you”. I then offered her the copy Petition and she refused to take it, and said I could do what I liked with it. I said “My instructions are to leave it here”. I then dropped it at her feet in the doorway of the said premises.
[Signed] J Hamilton
Sworn by the Deponent on the day first abovementioned at Sydney before me
[Signed] AB Kelshaw JP
7a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
Affidavit of |
Sworn 24th October 1919.
Robert W Fraser.
7b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GE ORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this twenty fourth day of October in the year one thousand nine hundred and nineteen, LILIAN PHILLIPS, Clerk to ROBERT WILLIAM FRASER of 114a Pitt Street, Sydney, in the State of New South Wales, Solicitor, being duly sworn makes oath and says as follows:–
1. I have this day made search at the proper office of the Court and find that no appearance has been entered there by or on behalf of the abovenamed Respondent although the time limited for appearance has expired.
[Signed] Lilian Phillips
Sworn by the Deponent on the day first abovementioned at Sydney before me
[Signed] Jno Pepper JP
8a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
DFT ISSUES. |
Robert W Fraser.
8b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
HERBERT GEORGE HARVEY
against
SARAH HARVEY
Questions for the Judge.
1. Whether Herbert George Harvey, the Petitioner, was married to Sarah Harvey, the Respondent, on the 31st of July, 1905?
2. Whether the Respondent has since the 31st of July,1905, withdrawn from co-habitation with the Petitioner and has kept and continued away from him without any just cause whatsoever and from thence hitherto without an such cause has refused and still refuses to render to him conjugal rights?
Registrar
Issues to be tried at Sydney at present sittings
[Initialled] HW
Deputy Registrar
11.11.1919
Registr Settled
[Signed] HD Wood
Deputy Registrar
11.11.1919
9a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
PRECIPE TO |
Robert W Fraser.
9b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GE ORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
Enter this cause for trial at the next Sittings.
Robert William Fraser.
Solicitor for Petitioner.
10a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
ISSUES. |
Cor Gordon J *
1.12.19
I find from 31.7.06 residence in (?) and withdrawal –
Ordinary order 21 days & 4 days — written notice of home & of Police Station (?) Of non-compliance to be served. (?) of reasonable exs to enable her and the child to return.
[Initialled] JHW
Robert W Fraser.
10b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
HERBERT GEORGE HARVEY
against
SARAH HARVEY
Questions for the Judge.
1. Whether Herbert George Harvey, the Petitioner, was married to Sarah Harvey, the Respondent, on the 31st of July, 1905?
2. Whether the Respondent has since the 31st of July, 1905, withdrawn from co-habitation with the Petitioner and has kept and continued away from him without any just cause whatsoever and from thence hitherto without any such cause has refused and still refuses to render to him his conjugal rights?
[Signed] CR Walsh
Registrar.
[Initialled] FCB
11a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
DECREE FOR |
Robert W Fraser.
11b
WHEREFOR THIS COURT DOTH ORDER AND DECREE
That the said Sarah Harvey, within twenty one days after service of a copy of this Decree upon her and of a written notice of the home to which she is to return, do return home to the said Herbert George Harvey and render to the said Herbert George Harvey conjugal rights AND IT IS FURTHER ORDERED that the said Sarah Harvey do, within four days after the expiration of the said twenty one days, file in the registry a certificate of her compliance with this Decree AND FURTHER that a written notice be served on the Respondent calling her attention to the possible consequences of her non-compliance with this Decree and that reasonable expenses be tendered to enable the Respondent and the boy to return to the Petitioner.
[Initialled] FCB
By the Court,
[Signed] Arthur G Saddington
Deputy Registrar.
~ ~ ~ ~ ~
“A”
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
The first day of December one thousand nine hundred and nineteen
This cause coming on this day to be heard and the issues to be tried before the Honourable Alexander Gordon, the Judge of the Matrimonial Causes Jurisdiction of the said Supreme Court, WHEREUPON AND UPON READING the Petition and issues filed herein, the affidavit of the Petitioner verifying the Petition, that of John Hamilton sworn on the 19th of September, 1919, and that of Lilian Phillips sworn on the 24th of October, 1919, all of which are filed herein and the exhibits put in evidence AND UPON HEARING Mr Fraser, Solicitor for the Petitioner, and no one appearing on behalf of the Respondent, His Honor found the following issues in favour of the Petitioner, viz:–
1. Whether Herbert George Harvey, the Petitioner, was married to Sarah Harvey, the Respondent, on the 31st of July, 1905?
2. Whether the Respondent has since the 31st of July, 1905, withdrawn from co-habitation with the Petitioner and has kept and continued away from him without any just cause whatever whatsoever and from thence hitherto without any such cause has refused and still refuses to render to his conjugal rights?
Mn: This is the original Decree marked “A” referred to in the annexed affidavit of John Hamilton sworn on this nineteenth day of December, 1919 at Sydney before me
[Signed] Jno Pepper, JP
~ ~ ~ ~ ~
“B”
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
To/ Mrs Sarah Harvey.
TAKE NOTICE that the address of the home to which your husband, Herbert George Harvey, wishes you to return (pursuant to the order of the Court made herein on the 1st of December, 1919) is at “Lowrie”, MacArthur Parade, Dulwich Hill.
Dated this twelfth day of December, 1919.
Robert William Fraser,
Solicitor for Petitioner.
Post Office Chambers,
114a Pitt Street, Sydney.
Mn: This is the copy notice marked “B” referred to in the annexed affidavit of John Hamilton sworn on this nineteenth day of December, 1919, at Sydney, before me [Signed] Jno Pepper, JP.
~ ~ ~ ~ ~
“C”
12th November, 9.
Mrs Sarah Harvey
Dear Madam,
Herbert George Harvey v Sarah Harvey
Matrimonial Causes Court
No 866 of 1919.
By the Decree (copy of which is served on you herewith) of the 1st of December, 1919, you were ordered by the Court, within twenty one days after service of a copy of the Decree on you and a written notice of the home to which you are to return (notice of which is also served herewith), to return home to your husband and render him conjugal rights.
Pursuant to the terms of the Decree I now inform you that the possible consequences of you not returning to him will be that he may proceed for a Divorce or a Judicial Separation on the ground of your non-compliance.-----Yours truly,
[Signed] RW Fraser.
Mn: This is the copy letter marked “C” referred to in the annexed affidavit of John Hamilton sworn on this nineteenth day of December, 1919, at Sydney, before me
[Signed] Jno Pepper, JP.
~ ~ ~ ~ ~
“D”
19191
No. 866 of 1919.
Herbert George Harcey [sic] v Sarah Harvey
Received the sum of Five Shillings to enable me and the boy to return to my husband.
Mrs Harvey rfused to receive 5/- from me
[Signed] J Hamilton
Mn: This is the refusal marked “D” referred to in the annexed affidavit of John Hamilton sworn on this nineteenth day of December, 1919 at Sydney before me
[Signed] Jno Pepper, JP.
~ ~ ~ ~ ~
“E”
16th December 1919
No. 866 of 1919.
HERBERT GEORGE HARVEY V SARAH HARVEY
Restitution of Conjugal Rights.
Received Decree for Restitution of Conjugal Rights. Notice of Address and letter signed by RW Fraser in the above suit in which I am the Respondent.
[Signed] S Harvey
Mn: This is the receipt marked “E” referred to in the annexed affidavit of John Hamilton sworn on this nineteenth day of December, 1919, at Sydney before me
[Signed] Jno Pepper, JP.
[On reverse of the above is the following]
served personally at “Waratah” Forest Road Hurstville on 16-12-19
[Signed] J Hamilton.
12a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 866 of 1919.
|
HARVEY v. HARVEY |
Affidavit of JOHN HAMILTON |
Sworn 19th December 1919.
Robert W Fraser.
12b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 866 of 1919.
BETWEEN HERBERT GE ORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this nineteenth day of December in the year one thousand nine hundred and nineteen, JOHN HAMILTON of 98 Albany Road, Stanmore, in the State of New South Wales, Retired Police Constable, being duly sworn makes oath and says as follows:–
1. On Tuesday, the 16th of December, 1919, on the premises of “Waratah”, Forest Road, Hurstville, in the State of New South Wales, I handed to the abovenamed Respondent personally a copy Decree for Restitution of Conjugal Rights and at the same time I produced to and exhibited to her the original Decree (which is hereto annexed marked “A”).
2. At the time of service, as aforesaid, I also handed to the Respondent a Notice of Address (copy of which is hereto annexed marked “B”), a letter (copy of which is hereto annexed marked “C”) and I also tendered her the sum of Five Shillings to enable her and the child to return to the Petitioner. She refused to take the money and signed the refusal to that effect (which is hereto annexed marked “D”).
3. The woman so served admitted that she was the Respondent and signed the receipt which is hereto annexed marked “E”).
4. It was I who served the abovenamed Respondent with the copy Petition in the above suit.
[Signed] J Hamilton
Sworn by the Darlinghurst on the day first abovementioned at Sydney before me
[Signed] Jno Pepper, JP.
Divorce court transcript Mon 1 Dec 1919 3
1.
In the Supreme Court
of NSW in Divorce. }
CORAM: GORDON J:
Monday, 1st December, 1919.
HARVEY V. HARVEY.
| PETITIONER: | HERBERT GEORGE HARVEY. |
| RESPONDENT: | SARAH HARVEY. |
Mr RW Fraser appeared for the Petitioner.
| ISSUES: |
1. Marriage, 31st July 1906 (As amended). 2. Whether the Respondent has since the 31st July, 1906, withdrawn from cohabitation with the Petitioner, and has kept and continued away from him without any just cause whatsoever, and from thence hitherto without any such cause has refused and still refuses to render to him conjugal rights. |
| PETITION: |
Filed, 10th September 1919. |
| SERVICE |
Personal. Affidavit of J Hamilton, dated 19th September, 1919. Affidavit of L Phillips, dated 24th October, 1919, of search and no appearance. |
marriage certificate. Photo: Peter de Waal
2.
PETITIONER:
Sworn, examined deposed:
TO MR FRASER: My name is Herbert George Harvey, and I am the Petitioner in this suit. I was married to the Respondent, whose maiden name was Sarah Rowan, on the 31st July, 1905, at Mr Simms’ Pitt Street, Redfern, according to the rites of the Congregational Church. She was a spinster, and a tailoress, and was then living at 41 Ivy Street, Redfern.
HIS HONOR: Q. When were you married, in 1906 or 1905? A. I think it was 1905. I have been married 14½ years. It is so long ago that I would not be sure.
(Certified copy of Marriage Certificate, tendered; marked Ex A).
(Proceedings amended by alleging marriage on 31st July, 1906 – service of amended petition on respondent dispensed with).
TO MR FRASER: There was a reason for the marriage. My wife never lived with me after our marriage. It was understood that she would come and live with me. After our marriage she did not come with me at all, but went to her mother’s place. I visited her several times at her mother’s.
TO HIS HONOR: We never lived together. I visited her at her mother’s place.
TO MR FRASER: I asked her would she come and live with me and she refused. She gave me no reason, but said she did not wish to live with me. She afterwards proceeded against me for maintenance for herself. I was married in July, and she took the proceedings about the following March. The case came on in the Redfern Police Court, when it was adjourned, and the next time it was dismissed.
Petitioner X.
3.
TO HIS HONOR: She summoned me herself, for her own maintenance.
TO MR FRASER: The case was adjourned because she refused to come and live with me.
TO HIS HONOR: I asked her in Court to come and live with me, and the Magistrate adjourned the case to see if she would come with me. It was adjourned for a fortnight, and she did not come with me, and it came on again, and
TO MR FRASER: She got an order against me for the boy. His name is Hector, and he was born the following February after the marriage.
TO HIS HONOR: I have been paying 10/- per week for the maintenance of the child ever since through the Children’s Court.
TO MR FRASER: Between the times the case came on, and when I wrote her some letters recently, I had not seen her. I wrote her a letter last August, and left it at the Police Court.
TO HIS HONOR: I have been paying that order that was made in February, 1906 or 1907. I have never seen her since then – I have not been back to see her. I thought it was no good asking her to come back – I thought she would come back of her own accord. I have been up to the Police Court at Redfern.
TO MR FRASER: On the 2nd August last I wrote her a letter, and left it at the Redfern Police Court. I received an answer from her on the 16th August, which is annexed to my affidavit there. I wrote her another letter on the 19th August, and I then met her at the Sydney Railway Station on the Saturday following that letter – about the 21st or the 23rd August. I asked her was she coming to live [with] me, and she said she would never live with me,
Petitioner X.
4.
that she had been away 14 years, and would never change her mind, and that if she was in the position she would get a divorce from me. She asked me what I was going to do about the child, but I wanted her to live with me. I asked her could I see the child, and she said yes. I asked her for her reason for not living with me, but she gave me no reason.
TO HIS HONOR: I have not been guilty of misconduct, or anything, to make her not live with me.
TO MR FRASER: I have never seen her since. He told me that she was living at her sister’s place, Mrs McEwan’s, at Hurstville, or Rockdale.
TO HIS HONOR: I was born in Sydney, and am living here now.
(Witness retired).
JUDGMENT:
HIS HONOR: In this case I find that the parties were married as alleged in the amended petition, on the 31st July, 1906, and that they are residents within the jurisdiction, and on the evidence before me it is entirely due to the action of the Respondent that the parties are not living together – apparently they never lived together since their marriage. The Petitioner said he wished her to live with him, and she refused. That is corroborated to a certain extent, because shortly after they were married in the following February or March the Respondent took out a summons at the Redfern Police Court. The Petitioner said he then offered to make a home for her, and the case was adjourned for a fortnight to see if the parties would come together, and it
5.
came on again, and the wife having refused to live with her husband, she was out of Court as far as her maintenance was concerned, and her summons was dismissed. A child was born about that time, and an order was made for the support of the child, and under that order he has been paying for the support of the child ever since. He said he held his hand, thinking she would come back, but she did not come back, and on the 2nd August of this year he wrote her a letter asking her to consider the matter and make up her mind whether she was going to change. He got a letter from her on the 16th August suggesting they should meet on the following Saturday, the 23rd. Apparently, when he got that letter, he thought it was no use going to see her, and wrote her a letter next day saying he wanted a reply to his letter, and did not see any necessity to have any meeting to talk matters over. Apparently, on the advice of his Solicitor, which was very good advice, he changed his mind, and met her at the appointed place on the following Saturday, the 23rd August. He said that she then told him that she had not the faintest intention of coming to live with him again, and that if she could have found any reason for doing so, she would divorce him.
She was personally served with the petition, and makes no appearance here, and I therefore take it she has no answer, and I make a decree in Petitioner’s favour for restitution of conjugal rights.
I order and decree that the Respondent do within 21 days after service of this decree on her, and the written notice of the home to which she is to return, return home to her husband
6.
and render him conjugal rights. I further order that she do within 4 days after the expiration of the 21 days file in the Registry a certificate of her compliance with the decree, and I direct that at the same time that she is served with a copy of the decree, and written notice of the home to which she is to return, she also be served with written notice calling her attention to the possible consequences of her non-compliance with this decree, and at the same time as she is served with these papers she ought to be tendered reasonable expenses to enable her to return to her husband’s home.
~ ~ ~ ~ ~
Evening News, Mon 1 Dec 1919 4
AFTER FOURTEEN YEARS.
————
Herbert George Harvey petitioned, in the Divorce Court this morning, before Mr Justice Gordon, for an order against Sarah Harvey, formerly Rowan, for restitution of conjugal rights. The parties were married in July, 1905, at Redfern.
Petitioned said that after the marriage his wife went to her mother’s house, refusing to live with him. An order for the support of the child had been constantly complied with by him. On one occasion he met his wife at the Central Railway Station, when she again said she would not live with him, adding that she had been away 14 years, and would not change her mind. She also said that if she were in a position to do so she would get a divorce from him. He had given her no cause for remaining away.
His Honor made an order for the wife to return within 21 days.
~ ~ ~ ~ ~
The Sydney Morning Herald, Tue 2 Dec 1919 5
IN DIVORCE.
(Before Mr Justice Gordon.)
…
Harvey v. Harvey.
The usual order was issued in the application of Herbert George Harvey against Sarah Harvey, for the restitution of conjugal rights. Mr RW Fraser appeared for petitioner.
Harvey v. Harvey, 1920
Harvey v. Harvey divorce papers 1920 6
1a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
PETITION. |
Robert W Fraser.
1b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
To the Honourable Alexander Gordon, Judge of
the Matrimonial Causes Court.
In re HERBERT GEORGE HARVEY of “Lowrie”
MacArthur Parade, Dulwich Hill, Engine-
Fitter, and in re his wife, SARAH HARVEY
of “Waratah”, Forest Road, Hurstville.
The third day of July 1920.
The Petition of Herbert George Harvey
-----SHEWETH-----
1. That your Petitioner was on the 31st day of July, 1905, married to the Respondent, then Sarah Rowan, at the Manse, George Street, Redfern, in the State of New South Wales, according to the rites of the Congregational Church.
2. There is issue:– Hector (born on the 9th of February, 1906).
3. Your Petitioner is a native of the Glebe (near Sydney) in the said State and has for three years and upwards been domiciled in the said State.
4. The Respondent is a native of Waterloo in the said State.
5. The Respondent deserted your Petitioner without reasonable cause by reason of her not having complied with the decree of the Court & Court for restitution of conjugal rights.
YOUR PETITIONER THEREFORE HUMBLY PRAYS
1. That your Honor will be pleased to decree that the marriage of your Petitioner with his said wife be dissolved.
2. And that your Petitioner may have such further or other relief granted to him as to your Honor may seem meet.
[Signed] Herbert George Harvey
Note: —This Petition is filled by Robert William Fraser of Post Office Chambers, 114a Pitt Street, Sydney, in the State of New South Wales, Solicitor for the Petitioner.
2a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. --- of 1920.
|
HARVEY v. HARVEY |
Affidavit of |
Sworn 3rd July 1920.
Robert W Fraser.
2b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. --- of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this THIRD day of JULY in the year one thousand nine hundred and twenty, HERBERT GEORGE HARVEY of “Lowrie”, Macarthur Parade, Dulwich Hill, in the State of New South Wales, Engine-fitter, being duly sworn makes oath and says as follows:–
1. I, the Petitioner, was on the 31st of July, 1905, married to the Respondent, then Sarah Rowan, at the Manse, George Street, Redfern, in the State of New South Wales. According to the rites of the Congregational Church.
2. There is issue:– Hector (born on the 9th of February, 1906).
3. I am a native of the Glebe (near Sydney) in the said State and have for three years and upwards been domiciled in the said State.
4. I believe:– that the Respondent is a native of Waterloo in the said State.
5. The Respondent has deserted me without reasonable cause by reason of her not having complied with the decree of the Court for restitution of conjugal rights.
6. There is not any collusion or connivance between myself this Deponent and Sarah Harvey, the other party to this suit.
Sworn by the Darlinghurst on the day first abovementioned at Sydney before me
[Signed] Herbert G Harvey.
[Signed] John Cameron, JP
3a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
APPEARANCE. |
LS WOOLCOTT,
Solicitor for Respondent
113 Pitt Street, Sydney.
3b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
The twenty-eighth day of August AD 1920.
|
HERBERT GEORGE HARVEY -AND- SARAH HARVEY |
LIONEL |
[Signed] Lionel Staunton Woolcott
Solicitor for Respondent,
113 Pitt Street,
Sydney.
ADDRESS FOR SERVICE
Lionel Staunton Woolcott, Solicitor,
113 Pitt Street,
Sydney.
4a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
DFT ISSUES. |
Robert W Fraser.
4b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
HERBERT GEORGE HARVEY
against
SARAH HARVEY
Questions for the Judge.
1. Whether Herbert George Harvey, the Petitioner, was married to Sarah Harvey, the Respondent, on the 31st of July, 1905?
2. Whether the Respondent has deserted the Petitioner without reasonable cause by reason of her not having complied with the decree of the Court for restitution of conjugal rights?
Registrar
Issues to be tried at Sydney at present Sittings
[Initialled] HW
Deputy Registrar
27.9.1920
Settled
[Signed] HD Wood
Deputy Registrar
27.9.1920
5a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
DECREE ABSOLUTE |
Robert W Fraser.
Solicitor &c,
Post Office Chambers,
114a Pitt Street,
Sydney.
5b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
The twenty seventh day of September one
thousand nine hundred and twenty one.
UPON READING the Decree Nisi granted herein on the 7th day of March, 1921, the affidavit of Lilian Phillips of service of a copy of the Decree Nisi on the Crown Solicitor, sworn on the 27th day of July, 1921, the request in writing of the Petitioner that the said Decree be made absolute, and the Certificate of the Registrar of the Court, that no matter in opposition to the final Decree is now pending and all filed herein THIS COURT DOTH ORDER AND DECREE that the Decree Nisi aforesaid be and the same is hereby made absolute, and that the marriage between Herbert George Harvey the abovenamed Petitioner, and Sarah Harvey, the abovenamed Respondent, is hereby dissolved accordingly.
By the Court
[Signed] WS Hazelton
Deputy Registrar
6a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
|
HARVEY v. HARVEY |
ISSUES. |
No. 751 of 1920.
Issue amended Marriage 1906
Coram James J
7 5 4 -3-21
Both issues
proven D[ecree] /N[isi]
ret[urnable] 6 mths after
service on C[rown] S[olicitor]
Robert W Fraser.
6b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
HERBERT GEORGE HARVEY
-against-
SARAH HARVEY
Questions for the Judge
1. Whether Herbert George Harvey, the Petitioner, was married to Sarah Harvey, the Respondent, on the 31st of July, 190 5 6?
2. Whether the Respondent has deserted the Petitioner without reasonable cause by reason of her not having complied with the decree of the Court for restitution of conjugal rights?
[Signed] Arthur G Saddington
Registrar
7a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
NOTICE OF TRIAL |
Robert W Fraser.
7b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
“A”
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
TAKE NOTICE that the above suit has been set down for trial at the present of the Divorce Court, Supreme Court House, King Street, Sydney.
Dated this 12th day of October 1920.
Robert William Fraser.
Solicitor for Petitioner.
To the abovenamed Respondent and to
Mr LS Woolcott, her Solicitor.
Mn: This is the copy Notice of Trial marked “A” referred to in the annexed affidavit of Lilian Phillips sworn on this nineteenth day of November 1920 at Sydney before me
[Signature illegible] JP.
8a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
Affidavit of |
Sworn 19th November 1920.
Robert W Fraser.
8b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this nineteenth day of November in the year one thousand nine hundred and twenty LILIAN PHILLIPS of “Dagworth” Violet Street, Enfield, in the State of New South Wales, Typiste, being duly sworn makes oath and says as follows:–
1. On Tuesday the 12th of October, 1920, I handed to Mr LS Woolcott, 113 Pitt Street, Sydney, in the State of New South Wales, Solicitor for the Respondent, a Notice of Trial (copy of which is hereto annexed marked “A”) and a copy of the issues as settled.
Sworn by the Darlinghurst on the day first abovementioned at Sydney before me
[Signature illegible] JP.
[Signed] L Phillips
9a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
PRECIPE TO |
Robert W Fraser.
9b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
Enter this cause for trial at the present sittings
Robert William Fraser.
Solicitor for Petitioner.
10
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
The fourth seventh day of March one thousand nine hundred and twenty one.
This cause coming on on [sic] the 4th of March, instant, and on this day to be heard and the issues to be tried before the Honourable Augustus James a Judge of the Supreme Court of New South Wales sitting in the Matrimonial Causes Jurisdiction of the said Supreme Court WHEREUPON AND ON READING the Petition, and issues, (filed herein), and the Appearance filed on behalf of the Respondent, all of which are filed herein and the exhibits put in evidence AND UPON HEARING the evidence given viva voce on behalf of the Petitioner AND UPON HEARING Mr Fraser, Solicitor for the Petitioner, and Mr Woolcott appearing on behalf of the Respondent, His Honor amended the Petition and issues by alleging the date of marriage to be 31st of July, 1906, and dispensed with further of the amended proceedings on the Respondent, and found the following issues in favour of the Petitioner, viz:–
1. Whether Herbert George Harvey, the Petitioner, was married to Sarah Harvey, the Respondent, on the 31st of July 1906?
2. Whether the Respondent has deserted the Petitioner without reasonable cause by reason of her not having complied with the Decree of the Court for restitution of conjugal rights?
11a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
DECREE NISI |
TAKE NOTICE that if you marry again before this Decree shall have been made absolute you will be guilty of bigamy.
Section 28 of the Matrimonial Causes Act, 1899, provides that the respective parties to a suit for dissolution of marriage may marry again as if the marriage had been dissolved by death when but not before–
(a) The time limited for appealing against a Decree Absolute has expired and no Appeal has been presented or–
(b) Any such Appeal is dismissed or–
(c) In the result of any Appeal the marriage is declared to be dissolved.
To the within named Petitioner and Respondent respectively.
[Signed] WS Hazelton
Deputy Registrar
Robert W Fraser,
Solicitor,
Post Office Chambers, 114a Pitt Street,
SYDNEY.
11b
WHEREFORE THIS COURT DOTH ORDER AND DECREE.
That the marriage of Herbert George Harvey The Petitioner, with Sarah Harvey, the Respondent, be dissolved, unless within six months from the date of the service of a copy of this Decree on the Crown Solicitor, any person shall shew cause why this Decree should not be made absolute, or the Crown Solicitor shall, under the direction of the Honourable the Attorney General and by leave of this Honourable Court, intervene, or unless it would otherwise appear that this Decree should not be made absolute.
By the Court
[Signed] WS Hazelton
Deputy Registrar.
12a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
Affidavit of |
Robert W Fraser.
12b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
On this twenty seventh day of July in the year one thousand nine hundred and twenty one LILIAN PHILLIPS of “Dagworth”, Violet Street, Enfield, in the State of New South Wales, Typiste, being duly sworn makes oath and says as follows:–
1. On Tuesday the twenty second day of March, 1921, I duly served the Crown Solicitor with the Decree Nisi in the above suit by handing a copy thereof to a Messenger on his office. I also exhibited to the said Messenger the original Decree.
[Signed] L Phillips
Sworn by the Deponent on the day first
abovementioned at Sydney before me
[Signed] Jno Pepper, JP.
13a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1921. [sic]
|
HARVEY v. HARVEY |
REQUEST |
Robert W Fraser.
13b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner
and
SARAH HARVEY
Respondent
I, the Petitioner in the above Suit, do hereby request that the Decree Nisi, made herein on the seventh of March 1921 by made absolute.
Dated this 23rd day of September 1921
[Signed] HG Harvey
14a
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction
No. 751 of 1920.
|
HARVEY v. HARVEY |
Certificate of the |
| DN SERVED | 22 3 21 |
| PERIOD EXPIRED | 22 9 21 |
Cor Gordon J
27.9.21 D/Abs
[Initialled] GPS
Robert W Fraser.
14b
In the Supreme Court of NSW
Matrimonial Causes Jurisdiction }
No. 751 of 1920.
BETWEEN HERBERT GEORGE HARVEY
Petitioner,
and
SARAH HARVEY
Respondent.
In pursuance of the 22nd Section of the “Matrimonial Causes Act, 1899,” and on the request in writing by the Petitioner, I hereby submit the name of this suit to the Court for confirmation of the Decree Nisi herein, and I hereby certify that no matter in opposition to the final Decree herein is now pending.
Dated this 26th day of September 1921.
[Initialled] FCB
[Signed] WS Hazelton
Deputy Registrar.
~ ~ ~ ~ ~
The Sydney Morning Herald, Wed 28 Sep 1921 7
IN DIVORCE.
(Before Mr Justice Gordon.)
…
DECREES ABSOLUTE
Decrees absolute were pronounced and the marriages declared dissolved in the following suits:—
…
Herbert George Harvey v. Sarah Harvey.
1 SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15372, p. –.
2 SRNSW: NRS13495, [13/12985], Divorce and matrimonial cause case papers, No. 866, 1919.
3 SRNSW: NRS2713, [6/1067], Transcripts of evidence of the various courts, royal commissions, boards of inquiry, 1919, pp. 1-6.
4 Evening News, (Sydney, NSW), Mon 1 Dec 1919, p. 3.
5 The Sydney Morning Herald, Tue 2 Dec 1919, p. 5.
6 SRNSW: NRS13495, [13/13029], Divorce and matrimonial cause case papers, No. 751, 1920.
7 The Sydney Morning Herald, Wed 28 Sep 1921, p. 8.